Consult with an experienced family law attorney immediately. You seem to be a few months short of the six month rule to have NYS as the court to hear the case. You also have a Bennett vs, Jeffreys issue regarding the parents not being qualified for custody.
If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate it. Thanks. For further information you should see an attorney and discuss the matter completely. If you are in the New York City area, then you can reach me during normal business hours at 718 329 9500 or www.mynewyorkcitylawyer.com.
In order for a non-biological parent to get custody of a child it is necessary to prove "extraordinary circumstances". In other words, there must be an issue of abandonment or risk of harm (abuse, neglect) to child. Extraordinary circumstances must be shown even before the court considers the "best interests of the child". Biological parents are always presumed to have a greater right to raise their child than a non-biolgical parent. Usually the best resolution in these cases is for the parties to agree to joint legal custody with the non-biolgical parent having primary physical custody. Of course, this is always without prejudice to the biological parents who can always petition the court to regain custody in the future but if the child has been living with you for many years without active involvement of the parents, it may be easier at that point to prove "extraordinary circumstances". In my experience these casse should never be pursued without a lawyer so ultimately my advice is to seek a lawyer to represent you in this.
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